In this section

Die Veneris, 12 Martii, 1640.

PRAYERS

Differences between Serj. Wilde, &c.

ORDERED, That those Four Gentlemen, to whom
the Differences between Sir H. Herbert, and Mr.
Serjeant Wilde, are referred, shall have Time given them
to compose these Differences, if they can, till Monday
come Sevennight.

Star-chamber Proceedings.

Mr. Rigby reports from the Committee for the Starchamber, the Case of Mr. Burton.

* * * *

Upon this Report, it was

Resolved, upon the Question, 1. That these Four
Commissioners, Dr. Worrall, Dr. Sammes, Dr. Duck, and
Dr. Wood, proceeded unjustly and illegally, in suspending
Mr. Burton ab Officio & Beneficio, for not appearing
upon the Summons, the first Process.

2. Resolved, upon the Question, That the Breaking
open of Mr. Burton's House, and arresting his Person,
without any Cause shewed, and before any Suit depending against him in the Star-chamber, and his close Imprisonment thereupon, are against the Law, and Liberty
of the Subject.

3. Resolved, upon the Question, That John Wragg
hath offended, in searching and seizing the Books and
Papers of Mr. Burton, by Colour of the general Warrant
dormant from the High Commissioners; and that That
Warrant is against the Law, and Liberty of the Subject:
And that Serjeant Dendy, and Alderman Abell, have
offended in breaking open the House of Mr. Burton.

Resolved, upon the Question, That Mr. Burton ought
to have Reparations and Recompence for the Damages
sustained by the foresaid Proceedings.

Resolved, upon the Question, That Dr. Samms, Dr.
Duck, and Dr. Wood, who suspended Mr. Burton, ab
Officio & Beneficio, for not appearing upon the Summons,
the first Process, ought to make Reparations unto the
said Mr. Burton, for his Losses and Damages sustained
by that Suspension.

Resolved, upon the Question, That Serjeant Dendy,
and Alderman Abell, ought to make Reparations to Mr.
Burton, for the Damage he sustained by the breaking
open his House without any legal Warrant.

Resolved, upon the Question, That Jo. Wragg ought
to make Reparations to Mr. Burton, for the Damage he
sustained by the breaking open his Study, and seizing his
Books and Papers.

Resolved, upon the Question, That the Warrant from
the Council-board, dated at Whitehall, Februarii, 2do,
1636, for the committing of Mr. Burton close Prisoner,
and the Commitment thereupon, is illegal, and contrary
to the Liberty of the Subject.

Resolved, upon the Question, That Mr. Burton ought
to have Reparations for his Damages sustained by this
Imprisonment.

Resolved, upon the Question, That the Archbishop
of Cant', the Bishop of London, the Earl of Arundell and
Surry, the Earl of Pembroke and Montgomery, Sir H.
Vane, Sir J. Coke, and Sir Fr. Windebank, do make Reparations to Mr. Burton, for his Damages sustained by
this Imprisonment.

Northern Affairs.

A Message from the Lords, by Serjeant Ayloff, and
Dr. Mason:

The Lords desire a Conference, by a Committee of
both Houses, presently, in the Painted Chamber, if it
may stand with the Occasions of this House, touching
the Affairs of the Northern Parts.

Answer returned by the same Messengers; that this
House has taken their Lordships Message into Consideration, and will give a Meeting presently, by a Committee
of the whole House, as is desired.

Trial of E. of Straford.

Mr. Whittlock reports from the Earl of Straford's
Committee, such Heads as that Committee does present
to this House, to be the Heads of a free Conference to
be desired with the Lords, concerning the Matter of the
last free Conference with the Lords, touching the Trial
of the Earl of Straford.

Upon this Report, it was

Resolved, upon the Question, that this shall be the
First Head of that free Conference; First, as concerning
Place:

That this House doth conceive, that although the Bar
in the Lords House be removed, and some Members
thereof absent, yet, without the Bar, the Room will not
be sufficient to contain the Members of the House of
Commons; and that their Lordships would be pleased to
direct some other Place for the Trial:

For the Precedents concerning the Place, their Lordships take Notice in their Conference, that the Parliament
that sat in the Chambre Blanche, as they did 1° R. 2.-
But the Parliament being summoned to appear at the
King's Palace at Westminster, if one Room be not convenient, another may be desired, that shall be more convenient.

Resolved, upon the Question, That this shall be the
Second Head of that free Conference:

That the Earl of Straford being impeached by the
Commons, it doth belong to the House of Commons to
resolve how to be present at the Trial; and that, of Right,
they may come as a House, if they please; but, however, they are resolved to send their own Members, as a
Committee of the whole House.

Resolved, upon the Question, That this shall be the
Third Head of that free Conference:

That, by the Managing of the Evidence, this House
doth mean the ordering, applying, and enforcing the
Evidence, according to the Truth of the Fact.

Ordered, That the Fourth Head of this Report, now
made from the Committee of the Earl of Straford, concerning the Matter of Counsel, be recommitted to the
same Committee, with the Addition of the Lawyers of
the House, as was Yesterday made: And they are likewise to take into Consideration, what those Gentlemen
have incurred, that have been of Counsel with the Earl of
Straford, he being accused of High Treason by this House,
in the Name of themselves, and of all the Commons of
England; and to present to this House what they think
is fit to be done in that Business: And

Mr. Perpoint, and Mr. Martin, are added to this Committee, as to this Business; and they are to meet this
Afternoon, at Two of Clock, in the Treasury-chamber.